Washington Supreme Court: MERS cannot obtain foreclosure power without note

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instruments allowing MERS to be named as the mortgagee in a nominee capacity for the lender. First, to reflect the interrelationship of the promissory note and mortgage and to ensure these two instruments are tied together properly, the recital paragraph names MERS, solely as nominee for Lender, as beneficiary. Second, it is made clear

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In 2012, the Ohio Supreme Court held that a party who does not possess a properly indorsed promissory note at the time the foreclosure proceeding is begun lacks standing, and is not the real party in interest, and that these defects cannot be cured by transfers and indorsements made after the complaint has been filed; see Federal Home Loan.

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On Friday, September 13, the Alabama Supreme Court issued three significant opinions concerning Alabama’s law of foreclosure and ejectment. Although those decisions put to rest some of the uncertainty concerning the jurisdictional nature of defenses to an ejectment action and when a foreclosure actually takes place, they raise new issues concerning standing in general and foreclosures.

The glance can be seen at 46 seconds into this video, produced and distributed by a liberal Washington advocacy group. making light of the attention drawn by her hand-written hand note was first.

That’s been the reality for Sergio Garcia of Chico while he waited for Governor Jerry Brown to sign legislation allowing undocumented immigrants to obtain professional licenses in California, which he.

The court found that MERS had no power as an agent to assign the mortgage under its rules, its membership agreement, or the terms of the mortgage itself.

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Washington Supreme Court: MERS cannot obtain foreclosure power without note. Mortgage Electronic Registration Systems, or MERS, cannot be a lawful beneficiary of a deed of trust in Washington state if the registry lacks real possession of the promissory note, the Washington Supreme Court said this week.